Allowed

Sri Chetan v. the State of Karnataka

Karnataka HC5 Jan 2024WP/29151/2023

Case brief

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What is this about?

An accused in a pending 2008 case under Section 353 IPC sought directions to conclude his long-pending trial. Noting that despite charges being framed in 2016 the trial remained unconcluded for six years, the High Court allowed the petition and directed the trial court to conduct day-to-day proceedings and finish the trial within four months.

What did the court decide?

Direction to trial court to take up C.C. No.1241/2008 on day-to-day basis and conclude trial within four months.

Sri Chetan Vs the State of Karnataka — Criminal Trial and Appeal | Karnataka HC (2024)

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1 - NC: 2024:KHC:721 WP No. 29151 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN WRIT PETITION NO. 29151 OF 2023 (GM-RES)

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BETWEEN:

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SRI. CHETAN S/O SRI. MUNIYAPPA, AGED ABOUT 39 YEARS, R/T NO.33, SAMPIGE NAGAR, HEBBAGODI POST, ANEKAL TALUK. …PETITIONER (BY SRI. RAJU S., ADVOCATE)

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AND:

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Digitally signed by SHOBHA C Location: High Court of Karnataka

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THE STATE OF KARNATAKA REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HEBBAGODI POLICE STASTION, BENGALURU - 560 099.

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…RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO DIRECT THE IV ADDL. CIVIL JUDE AND JMFC, ANEKAL TO CONCLUDE THE CASE IN C.C. NO.1241/2008 ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC AT ANEKAL AS PER ANNEXURE-A WITHIN 03 MONTHS FROM THE DATE OF THE ORDER OF THIS HONBLE COURT.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:721 WP No. 29151 of 2023

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ORDER

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Learned High Court Government Pleader accepts notice for respondent-State.

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This writ petition is filed by one of the accused under Article 227 of Constitution of India read with Section 482 of Cr.P.C. seeking a direction to IV Additional Civil Judge and JMFC, Anekal, to dispose of the case in C.C. No.1241/2008 by providing some time bound.

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Heard the arguments of learned counsel for the parties.

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The case of the petitioner is that he is facing trial in C.C No.1241/2008 for the offence punishable under Section 353 of IPC and other offences. For the last 15 years, he is appearing before the trial Court regularly, but the trial Court is not concluding the trial, and for one or the other reason, the case is adjourned. Therefore, the petitioner has sought for a direction to the trial Court to dispose of the matter within three months.

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NC: 2024:KHC:721 WP No. 29151 of 2023

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The order sheet of the trial Court reveals that though the trial Court framed charge long back, the petitioner-accused remained absent, NBW had been issued frequently and the same had been recalled. Thereafter, some other accused persons remained absent and NBW had been issued. In spite of framing the charge on 19.09.2016, the trial court has not concluded for the last six years. Therefore, it is necessary for this Court to issue a direction to the trial Court to dispose of the matter within the time frame.

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Accordingly, the writ petition is allowed. The trial Court is directed to take up the matter in C.C. No.1241/2008 on day today basis and conclude the trial within four months from the date of receipt of copy of this order.

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Sd/JUDGE

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CS List No.: 1 Sl No.: 72 CT:SK

Sri Chetan v. the State of Karnataka

Case brief

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Sri Chetan v. the State of Karnataka

Case brief

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